Heading

Case Number: TC09602
By remote video hearing
Appeal reference: TC/2022/13803
PROCEDURE – reinstatement application following strike out – failure to attend– whether Appellant’s adviser conflicted – whether to adjourn to allow the Appellant the chance to instruct a new adviser – no – Appellant failed to comply with directions because the adviser did not inform him – reliance on adviser normally treated as failure of litigant – this case distinguished because of Appellant’s serious health conditions at the relevant time – application allowed
Judgment date: 4 August 2025
Before
TRIBUNAL JUDGE ANNE REDSTON
Between
PARWINDER GILL
Appellant
and
THE COMMISSIONERS FOR
HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Mr Nathaniel Monk of TM Sterling Ltd
For the Respondents: Ms Jenny Goldring of Counsel, instructed by the General Counsel and Solicitor to HM Revenue and Customs
,
DECISION
- Heading
- Introduction and summary
- The Evidence
- Evidence about the role played by Mr Monk/TMS
- Mr Gill’s evidence
- Ms Gill
- Findings of fact
- Mr Gill’s business and the assessments
- Mr Gill’s health, the Tribunal’s directions and the failures to comply
- The first postponed hearing
- The second postponed hearing
- Pre-hearing correspondence
- TMS’s lack of response
- Mr Gill’s failure to attend
- Factors to consider
- Reasons for not adjourning the hearing
- Late application to reinstate
- The case law
- The first Martland stage
- Mr Gill’s health
- Reliance on TMS
- Case law on reliance on advisers
- Application to Mr Gill’s case
- The need for time limits to be respected
- Reliance on advisers
- Prejudice to Mr Gill
- Prejudice to HMRC
- Merits
- Other Tribunal users
- Conclusions
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